HF 1718

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying restrictions 
  1.3             on operation of off-highway vehicles; providing an 
  1.4             exemption from rulemaking; providing for an 
  1.5             off-highway vehicle grant program; modifying decal 
  1.6             requirements for off-highway motorcycles; modifying 
  1.7             all-terrain vehicle provisions; providing for certain 
  1.8             class fees; modifying provisions for reviewing forest 
  1.9             classification status; requiring determination of 
  1.10            unrefunded gas tax attributable to all-terrain vehicle 
  1.11            use; requiring a report; amending Minnesota Statutes 
  1.12            2002, sections 84.925, subdivision 1; 84.9257; 84.928, 
  1.13            subdivisions 2, 6; Minnesota Statutes 2003 Supplement, 
  1.14            sections 84.773; 84.777; 84.788, subdivision 3; 84.92, 
  1.15            subdivision 8; Laws 2003, chapter 128, article 1, 
  1.16            section 167, subdivision 1; proposing coding for new 
  1.17            law in Minnesota Statutes, chapter 84; repealing 
  1.18            Minnesota Statutes 2003 Supplement, section 84.901. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.21  84.773, is amended to read: 
  1.22     84.773 [RESTRICTIONS ON OPERATION.] 
  1.23     A person may not intentionally operate an off-highway 
  1.24  vehicle: 
  1.25     (1) on a trail on public land that is designated for 
  1.26  nonmotorized use only; 
  1.27     (2) on restricted areas within public lands that are posted 
  1.28  or where gates or other clearly visible structures are placed to 
  1.29  prevent unauthorized motorized vehicle access; or 
  1.30     (3) except as specifically authorized by law or rule 
  1.31  adopted by the commissioner, in:  
  1.32     (i) in unfrozen type 3, 4, and 5, and 8 wetlands or 
  2.1   located on public lands; 
  2.2      (ii) on unfrozen public waters, as defined in section 
  2.3   103G.005; 
  2.4      (iii) in a state park; 
  2.5      (iv) in a scientific and natural area; or 
  2.6      (v) in a wildlife management area. 
  2.7      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.8   84.777, is amended to read: 
  2.9      84.777 [OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.] 
  2.10     (a) Except as otherwise allowed by law or rules adopted by 
  2.11  the commissioner, effective June 1, 2003, notwithstanding 
  2.12  sections 84.787 to 84.805 and 84.92 to 84.929, the use of 
  2.13  off-highway vehicles is prohibited on state land administered by 
  2.14  the commissioner of natural resources, and on 
  2.15  county-administered forest land within the boundaries of a state 
  2.16  forest, except on roads and trails specifically designated and 
  2.17  posted by the commissioner for use by off-highway vehicles. 
  2.18     (b) Paragraph (a) does not apply: 
  2.19     (1) to county-administered land within a state forest if 
  2.20  the county board adopts a resolution that modifies restrictions 
  2.21  on the use of off-highway vehicles on county-administered land 
  2.22  within the forest; or 
  2.23     (2) to forest lands classified as managed. 
  2.24     Sec. 3.  [84.778] [RULEMAKING EXEMPTION.] 
  2.25     Any designation by the commissioner of a trail for use by 
  2.26  off-highway vehicles is exempt from the rulemaking procedures 
  2.27  under chapter 14 and section 14.386 does not apply. 
  2.28     Sec. 4.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
  2.29  CONSERVATION GRANT PROGRAM.] 
  2.30     Subdivision 1.  [CREATION.] The commissioner of natural 
  2.31  resources shall establish an off-highway vehicle safety and 
  2.32  conservation grant program to award grants to organizations that 
  2.33  meet the eligibility requirements under subdivision 3. 
  2.34     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
  2.35  safety and conservation grant program is to encourage 
  2.36  off-highway vehicle clubs to assist in safety and environmental 
  3.1   education and in improving, maintaining, and monitoring trails 
  3.2   on state forest land and other public lands. 
  3.3      Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
  3.4   this section, an organization must: 
  3.5      (1) be a statewide organization that has been in existence 
  3.6   at least five years and that promotes the operation of 
  3.7   off-highway vehicles in a manner that is safe, responsible, and 
  3.8   does not harm the environment; 
  3.9      (2) promote the operation of off-highway vehicles in a 
  3.10  manner that does not conflict with the laws and rules that 
  3.11  relate to the operation of off-highway vehicles; 
  3.12     (3) have an interest limited to the operation of motorized 
  3.13  vehicles on motorized trails and other designated areas; 
  3.14     (4) have a board of directors that has 80 percent of its 
  3.15  members who are representatives of all-terrain vehicle clubs, 
  3.16  off-highway motorcycle clubs, or off-road vehicle clubs; and 
  3.17     (5) provide support to off-highway vehicle clubs. 
  3.18     Subd. 4.  [USE OF GRANTS.] An organization receiving a 
  3.19  grant under this section shall use the grant money to promote 
  3.20  and provide support to the Department of Natural Resources by: 
  3.21     (1) encouraging off-highway vehicle clubs to assist in 
  3.22  improving, maintaining, and monitoring trails on state forest 
  3.23  land and other public lands; 
  3.24     (2) providing assistance to the department in locating, 
  3.25  recruiting, and training instructors; 
  3.26     (3) assisting the commissioner and the director of tourism 
  3.27  in creating an outreach program to inform local communities of 
  3.28  appropriate off-highway vehicle use in their communities and of 
  3.29  the economic benefits that may be gained from promoting tourism 
  3.30  to attract off-highway vehicles; 
  3.31     (4) publishing a manual in cooperation with the 
  3.32  commissioner that will be used to train volunteers in monitoring 
  3.33  the operation of off-highway vehicles for safety, environmental, 
  3.34  and other issues that relate to the responsible operation of 
  3.35  off-highway vehicles; and 
  3.36     (5) collecting data on the operation of off-highway 
  4.1   vehicles in the state. 
  4.2      Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.3   84.788, subdivision 3, is amended to read: 
  4.4      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  4.5   for registration or continued registration must be made to the 
  4.6   commissioner or an authorized deputy registrar of motor vehicles 
  4.7   in a form prescribed by the commissioner.  The form must state 
  4.8   the name and address of every owner of the off-highway 
  4.9   motorcycle. 
  4.10     (b) A person who purchases from a retail dealer an 
  4.11  off-highway motorcycle shall make application for registration 
  4.12  to the dealer at the point of sale.  The dealer shall issue a 
  4.13  temporary ten-day registration permit to each purchaser who 
  4.14  applies to the dealer for registration.  The dealer shall submit 
  4.15  the completed registration applications and fees to the deputy 
  4.16  registrar at least once each week.  No fee may be charged by a 
  4.17  dealer to a purchaser for providing the temporary permit. 
  4.18     (c) Upon receipt of the application and the appropriate 
  4.19  fee, the commissioner or deputy registrar shall issue to the 
  4.20  applicant, or provide to the dealer, a 60-day temporary receipt 
  4.21  and shall assign a registration number that must be affixed to 
  4.22  the motorcycle in a manner prescribed by the commissioner 
  4.23  according to paragraph (f).  A dealer subject to paragraph (b) 
  4.24  shall provide the registration materials and temporary receipt 
  4.25  to the purchaser within the ten-day temporary permit period. 
  4.26     (d) The commissioner shall develop a registration system to 
  4.27  register vehicles under this section.  A deputy registrar of 
  4.28  motor vehicles acting under section 168.33, is also a deputy 
  4.29  registrar of off-highway motorcycles.  The commissioner of 
  4.30  natural resources in agreement with the commissioner of public 
  4.31  safety may prescribe the accounting and procedural requirements 
  4.32  necessary to ensure efficient handling of registrations and 
  4.33  registration fees.  Deputy registrars shall strictly comply with 
  4.34  the accounting and procedural requirements.  
  4.35     (e) In addition to other fees prescribed by law, a filing 
  4.36  fee of $4.50 is charged for each off-highway motorcycle 
  5.1   registration renewal, duplicate or replacement registration 
  5.2   card, and replacement decal and a filing fee of $7 is charged 
  5.3   for each off-highway motorcycle registration and registration 
  5.4   transfer issued by: 
  5.5      (1) a deputy registrar and must be deposited in the 
  5.6   treasury of the jurisdiction where the deputy is appointed, or 
  5.7   kept if the deputy is not a public official; or 
  5.8      (2) the commissioner and must be deposited in the state 
  5.9   treasury and credited to the off-highway motorcycle account. 
  5.10     (f) Unless exempted in paragraph (g), the owner of an 
  5.11  off-highway motorcycle must display a registration decal issued 
  5.12  by the commissioner.  If the motorcycle is licensed as a motor 
  5.13  vehicle, a registration decal must be affixed on the upper left 
  5.14  corner of the rear license plate.  If the motorcycle is not 
  5.15  licensed as a motor vehicle, the decal must be attached on the 
  5.16  side of the motorcycle and may be attached to the fork tube.  
  5.17  The decal must be attached in a manner so that it is visible 
  5.18  while a rider is on the motorcycle.  The issued decals must be 
  5.19  of a size to work within the constraints of the electronic 
  5.20  licensing system, not to exceed three inches high and three 
  5.21  inches wide. 
  5.22     (g) Display of a registration decal is not required for an 
  5.23  off-highway motorcycle: 
  5.24     (1) while being operated on private property; or 
  5.25     (2) while competing in a closed-course competition event. 
  5.26     Sec. 6.  Minnesota Statutes 2003 Supplement, section 84.92, 
  5.27  subdivision 8, is amended to read: 
  5.28     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  5.29  "vehicle" means a motorized flotation-tired vehicle of not less 
  5.30  than three low pressure tires, but not more than six tires, that 
  5.31  is limited in engine displacement of less than 800 900 cubic 
  5.32  centimeters and total dry weight less than 900 
  5.33  pounds.  All-terrain vehicle does not include a motor vehicle 
  5.34  owned by or operated under contract with a utility, whether 
  5.35  publicly or privately owned, when used for work on utilities. 
  5.36     Sec. 7.  Minnesota Statutes 2002, section 84.925, 
  6.1   subdivision 1, is amended to read: 
  6.2      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  6.3   shall establish a comprehensive all-terrain vehicle 
  6.4   environmental and safety education and training program, 
  6.5   including the preparation and dissemination of vehicle 
  6.6   information and safety advice to the public, the training of 
  6.7   all-terrain vehicle operators, and the issuance of all-terrain 
  6.8   vehicle safety certificates to vehicle operators over the age of 
  6.9   12 years who successfully complete the all-terrain vehicle 
  6.10  environmental and safety education and training course.  
  6.11     (b) For the purpose of administering the program and to 
  6.12  defray a portion of the expenses of training and certifying 
  6.13  vehicle operators, the commissioner shall collect a fee of $15 
  6.14  from each person who receives the training.  Fee proceeds shall 
  6.15  be deposited in the all-terrain vehicle account in the natural 
  6.16  resources fund.  In addition to the fee established by the 
  6.17  commissioner, instructors may charge each person up to $5 for 
  6.18  class material and expenses. 
  6.19     (c) The commissioner shall cooperate with private 
  6.20  organizations and associations, private and public corporations, 
  6.21  and local governmental units in furtherance of the program 
  6.22  established under this section.  School districts may cooperate 
  6.23  with the commissioner and volunteer instructors to provide space 
  6.24  for the classroom portion of the training.  The commissioner 
  6.25  shall consult with the commissioner of public safety in regard 
  6.26  to training program subject matter and performance testing that 
  6.27  leads to the certification of vehicle operators.  By June 30, 
  6.28  2003, the commissioner shall incorporate a riding component in 
  6.29  the safety education and training program. 
  6.30     Sec. 8.  Minnesota Statutes 2002, section 84.9257, is 
  6.31  amended to read: 
  6.32     84.9257 [PASSENGERS.] 
  6.33     (a) A parent or guardian may operate an all-terrain vehicle 
  6.34  carrying one passenger who is under 16 years of age and who 
  6.35  wears a safety helmet approved by the commissioner of public 
  6.36  safety. 
  7.1      (b) For the purpose of this section, "guardian" means a 
  7.2   legal guardian of a person under age 16, or a person 18 or older 
  7.3   who has been authorized by the parent or legal guardian to 
  7.4   supervise the person under age 16. 
  7.5      (c) A person 18 years of age or older may operate an 
  7.6   all-terrain vehicle carrying one passenger who is 18 years of 
  7.7   age or older. 
  7.8      Sec. 9.  Minnesota Statutes 2002, section 84.928, 
  7.9   subdivision 2, is amended to read: 
  7.10     Subd. 2.  [OPERATION GENERALLY.] A person may not drive or 
  7.11  operate an all-terrain vehicle: 
  7.12     (1) at a rate of speed greater than reasonable or proper 
  7.13  under the surrounding circumstances; 
  7.14     (2) in a careless, reckless, or negligent manner so as to 
  7.15  endanger or to cause injury or damage to the person or property 
  7.16  of another; 
  7.17     (3) without headlight and taillight lighted at all times if 
  7.18  the vehicle is equipped with headlight and taillight; 
  7.19     (4) without a functioning stoplight if so equipped; 
  7.20     (5) in a tree nursery or planting in a manner that damages 
  7.21  or destroys growing stock; 
  7.22     (6) without a brake operational by either hand or foot; 
  7.23     (7) with more persons than one person on the vehicle than 
  7.24  it was designed for, except as allowed under section 84.9257; 
  7.25     (8) at a speed exceeding ten miles per hour on the frozen 
  7.26  surface of public waters within 100 feet of a person not on an 
  7.27  all-terrain vehicle or within 100 feet of a fishing shelter; or 
  7.28     (9) in a manner that violates operation rules adopted by 
  7.29  the commissioner. 
  7.30     Sec. 10.  Minnesota Statutes 2002, section 84.928, 
  7.31  subdivision 6, is amended to read: 
  7.32     Subd. 6.  [REGULATIONS BY POLITICAL SUBDIVISIONS.] (a) 
  7.33  Notwithstanding any law to the contrary, a city or town, acting 
  7.34  through its governing body, may by resolution or ordinance 
  7.35  prohibit the operation of all-terrain vehicles on city streets 
  7.36  or town roads in its jurisdiction provided the regulations are 
  8.1   otherwise consistent with sections 84.92 to 84.929. 
  8.2      (b) A county or city, or a town acting by its town board, 
  8.3   may regulate the operation of all-terrain vehicles on public 
  8.4   lands, waters, and property under its jurisdiction other than 
  8.5   public road rights-of-way within its boundaries, by resolution 
  8.6   or ordinance of the governing body and by giving appropriate 
  8.7   notice, provided:  
  8.8      (1) the regulations must be consistent with sections 84.92 
  8.9   to 84.929 and rules adopted under section 84.924; 
  8.10     (2) an ordinance may not impose a fee for the use of public 
  8.11  land or water under the jurisdiction of either the Department of 
  8.12  Natural Resources or other agency of the state, or for the use 
  8.13  of an access to it owned by the state or a county or a city; and 
  8.14     (3) an ordinance may not require an all-terrain vehicle 
  8.15  operator to possess a motor vehicle driver's license while 
  8.16  operating an all-terrain vehicle. 
  8.17     (c) Notwithstanding any law to the contrary, a county board 
  8.18  by ordinance may allow the operation of all-terrain vehicles on 
  8.19  the road right-of-way shoulder, or inside bank or slope of a 
  8.20  county highway or county state-aid highway, if: 
  8.21     (1) the highway is in the agricultural zone; or 
  8.22     (2) safe operation in the ditch or outside slope is 
  8.23  impossible, and the county posts the appropriate notice; or 
  8.24     (3) the road is designated as a minimum-maintenance road 
  8.25  under section 160.095. 
  8.26     Sec. 11.  Laws 2003, chapter 128, article 1, section 167, 
  8.27  subdivision 1, is amended to read: 
  8.28     Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
  8.29  By December 31, 2006, the commissioner of natural resources 
  8.30  shall complete a review of the forest classification status of 
  8.31  all state forests classified as managed, all forest lands under 
  8.32  the authority of the commissioner as defined in Minnesota 
  8.33  Statutes, section 89.001, subdivision 13, and lands managed by 
  8.34  the commissioner under Minnesota Statutes, section 282.011.  The 
  8.35  review must be conducted on a forest-by-forest and area-by-area 
  8.36  basis in accordance with the process and criteria under 
  9.1   Minnesota Rules, part 6100.1950.  After each forest is reviewed, 
  9.2   the commissioner must change its status to limited or closed, 
  9.3   and must provide a similar status for each of the other areas 
  9.4   subject to review under this section after each individual 
  9.5   review is completed.  
  9.6      (b) If the commissioner determines on January 1, 2005, that 
  9.7   the review required under this section cannot be completed by 
  9.8   December 31, 2006, the completion date for the review shall be 
  9.9   extended to December 31, 2008.  By January 15, 2005, the 
  9.10  commissioner shall report to the chairs of the legislative 
  9.11  committees with jurisdiction over natural resources policy and 
  9.12  finance regarding the status of the process required by this 
  9.13  section.  
  9.14     (c) Until December 31, 2010, the state forests and areas 
  9.15  subject to review under this section are exempt from Minnesota 
  9.16  Statutes, section 84.777, unless an individual forest or area 
  9.17  has been classified as limited or closed.  
  9.18     Sec. 12.  [DETERMINATION OF TAX ALLOCATION; REPORT TO 
  9.19  LEGISLATURE.] 
  9.20     The commissioners of natural resources, revenue, and 
  9.21  transportation shall jointly determine the amount of unrefunded 
  9.22  gasoline tax attributable to all-terrain vehicle use in the 
  9.23  state and shall report to the legislature by March 1, 2005, with 
  9.24  an appropriate proposed revision to Minnesota Statutes, section 
  9.25  296A.18. 
  9.26     Sec. 13.  [REPEALER.] 
  9.27     Minnesota Statutes 2003 Supplement, section 84.901, is 
  9.28  repealed.